How Does an Illinois Judge Decide What Is in My Child’s Best Interest?

 Posted on February 28, 2024 in Child Custody

When parents go through a divorce, it is often quite difficult for them to agree on how they should split their parenting time and parental responsibilities, otherwise known as child custody. Some couples manage to come to some sort of agreement if they believe it will be best for their children. Others find that their personal conflicts make it impossible for them to communicate productively, and figuring out an arrangement seems too daunting a task. 

In cases where the parents cannot reach a mutually acceptable agreement on how they will continue to care for their children, the court must decide what is best for the child. If you have questions about how a court can decide this, a knowledgeable Wheaton, IL family law attorney can explain what to expect. At Goostree Law Group, we have decades of legal experience handling child custody cases.

What Is Included With Parental Responsibilities in 2026?

Illinois law does not use the term "child custody" anymore. Since 2016, courts have used the term "parental responsibilities" instead to describe the rights and duties associated with custody.

The first component of parental responsibilities is parenting time. Parenting time is the schedule that says when a child stays with each parent, including weekdays, weekends, holidays, and summer breaks.

The second part is decision-making responsibility. This covers the big choices in a child's life, such as education, medical care, religion, and extracurricular activities. 

A judge can give one parent responsibility for all major decisions or divide different areas between the parents. For example, one parent might handle school choices while the other handles medical care. When deciding whether parents can share decisions, the judge will consider how well they can work together. If conflict makes joint decisions difficult, the judge can give one parent responsibility for certain decisions.

No matter how the responsibilities are divided, the court's main priority stays the same. Every decision has to serve the child's best interests, whether the parents were married, divorced, or never married at all.

What Factors Will a Judge Consider When Assigning Parental Responsibilities?

When trying to figure out what sort of arrangement would best serve the child in a divorce, the judge reviews many factors (750 ILCS 5/602.5, 750 ILCS 5/602.7). These include:

• What each parent wants
• What the child wants, based on the child’s age and maturity
• The child’s relationship with each parent
• The child’s physical, emotional, mental, educational, social, and other needs
• How the parents currently divide their responsibilities 
• Each parent’s mental, emotional, and physical health
• Any history of abuse from either parent

The judge will also likely want to hear from other people, including the child’s teachers, babysitters, tutors, school nurse, doctor, guidance counselor, relatives, neighbors, and others who might be able to share insight. In some cases, a guardian ad litem, or GAL, will be appointed to advocate in any legal proceedings on behalf of the child.

How Does a GAL Determine What Is in the Child’s Best Interests?

A GAL does not represent either parent. Instead, this person investigates the child’s situation for the court. The GAL usually visits the child's home, or homes if the parents live separately. A GAL also talks with the child, often more than once, depending on the child's age and comfort level. School records, medical records, and even social media can come into play during this review.

Once the GAL gathers enough information, he or she will usually write a report for the judge that includes a recommendation about parenting time and decision-making responsibility. Judges do not have to follow every word of a GAL's recommendation, but they often give it serious weight. A thorough, well-documented GAL report can carry real influence over the outcome of a case.

How Seriously Do Courts Take a Child’s Wishes in Illinois Custody Cases?

Illinois courts do listen to a child's wishes, but that preference is not the deciding factor on its own. Judges weigh it alongside everything else happening in that child's life.

Age and maturity play a major role in how much consideration a child's opinion receives. A teenager who can explain clear, thoughtful reasons for a preference will likely be heard differently than a young child repeating something a parent said at home. Judges also watch for signs that a child has been coached or pressured by either parent. When a court suspects manipulation, it tends to look past the stated preference and dig deeper into the facts.

A child does not usually testify in open court. Instead, judges often learn about a child's wishes through a GAL, a court-appointed evaluator, or sometimes a private conversation in the judge's chambers. This approach helps protect the child from feeling caught in the middle of the case.

Can a Judge Override a Parenting Plan Agreed Upon by Both Parents?

In most cases, Illinois law favors letting parents work out their own parenting plan whenever possible. Even so, an agreement between parents is not automatically the final word. Every parenting plan still goes through the court for approval. A judge reviews the plan to check that it truly serves the child's best interests before signing off on it.

If the judge finds a problem, such as a provision that does not protect the child’s safety or well-being, the judge can reject the plan or ask the parents to revise it. The court will generally approve an agreed plan unless it finds that the plan is not in the child’s best interests. Even when the parents agree, this final review makes sure the plan protects the child.

Contact Our DuPage County, IL Child Custody Attorneys

If you and your spouse are about to get a divorce and you have not been able to agree on anything, you might wonder what will happen with child custody and other matters that will affect your child. An experienced Wheaton, IL divorce lawyer can help you understand the process. If a GAL is appointed, the judge can consider the GAL’s findings and recommendations. The judge still makes the final decision about what is in your child’s best interests.

At Goostree Law Group, we understand that this can be a stressful and emotionally difficult time. We will address your questions and concerns with compassion and sensitivity. Call 630-584-4800 to schedule a free consultation.